Araujo Attorneys is a boutique KZN law firm with offices in Umhlanga, Ballito, and the Midlands. Specialising in conveyancing and deceased estates, they blend speed and accuracy with a people-first approach, ensuring clients feel supported through complex legal processes.
CONVEYANCING:
Making Property Transfers Stress-Free
As conveyancers, our role is twofold: ensuring the legal requirements are met so the transfer is valid and binding, and guiding our clients through each step, so they never feel lost. We explain the paperwork in plain language, keep communication lines open with regular updates, and handle the behind-the-scenes complexities with efficiency. That way, our clients can focus on the excitement of buying or selling their property, one of life’s biggest milestones. Being part of that journey is what drives us.
Misconceptions About Buying in Gated Estates
A common belief is that buying into a gated estate automatically comes with hefty monthly expenses. While there is some truth to this, the costs are often well worth it. Monthly fees typically cover a wide range of benefits, from 24-hour security and beautifully maintained common areas to exclusive resident amenities—making life more convenient, secure, and enjoyable.
Top Tips for Sellers to Speed Up Transfers
Preparation is everything. Have your FICA documents handy, prepare for compliance certificates (electrical, borer, gas, etc.), and have your water/electricity meter readings ready from the start. If there’s a bond over your property, place notice of your intention to sell with your bank early. These small steps can shave weeks off the process and help us get your transfer registered at the Deeds Office much faster.
What to Check Before Signing Off-Plan
Do your homework before signing. Buyers should check the developer’s track record, expected completion timelines, and all that is included in the purchase price: from finishes and fittings to landscaping. It’s also crucial to review clauses relating to delays, levies, and defect rectification. Having a conveyancer review the agreement upfront can save you major headaches later.
DECEASED ESTATES:
Misunderstandings About Executors
The film industry would have us believe an executor’s role is to gather the family, read the will, and dish out inheritances to the heirs. In truth, the executor carries significant legal and administrative responsibilities. These include reporting the estate to the Master of the High Court, preparing an inventory of assets, closing bank accounts, paying creditors, obtaining tax clearance, and only then distributing what remains to beneficiaries. Executors are accountable to the Master, creditors and heirs, which makes the process far more complex than most anticipate. It’s a time-consuming role requiring diligence, perseverance, and patience.
The Reality of Winding Up an Estate
A valid will is essential, but it doesn’t guarantee a simple process once someone has passed away. Winding up an estate in South Africa involves multiple steps regulated by the Administration of Estates Act. Executors must notify creditors, settle debts, calculate estate duty if applicable, and obtain a tax clearance certificate from SARS.
Disagreements between heirs, missing documents, or unclear bequests can also create delays. Even straightforward estates can take 6-12 months to finalise due to backlogs at the banks and the Master’s Office. The reality is that while a will provides direction, the estate process is detailed, time-consuming, and can be unexpectedly challenging.
A common misconception with a will is that you can simply write your wishes on a piece of paper, sign it, and that’s that. It is so important to consult with a legal professional when drafting a will since the omission of the appointment of an executor or waiver of security in a will can be costly to the estate. It is also important to draft your will in a way that you do not leave specific amounts of money to family or friends when such funds are not available; it could lead to property and other assets having to be sold and cause further delays in the administration of the estate.
Overlooked Documents That Cause Delays
Executors frequently encounter delays due to overlooked paperwork or assets. Common examples include retirement annuities, life policies not properly nominated, digital assets like online banking or cryptocurrency accounts, vehicle registrations and loan agreements between family members. Even small details, such as outstanding utility bills or municipal rates accounts, can stall progress if not addressed. Access to safe deposit boxes or investments held abroad may also complicate administration. To avoid unnecessary holdups, it’s best for individuals to keep an updated file of all financial accounts, policies, and obligations for easy reference when the time comes.
Advice for First-Time Executors
My advice is to recognise that being an executor is a legal appointment, not just a family duty, and you are personally accountable to the Master of the High Court and SARS. The process can be overwhelming and onerous, so seek professional guidance from an attorney or estate administrator early on. With proper support, even a first-time executor can navigate the process with confidence and care.
Website: www.araujoattorneys.co.za
Email: hello@aattorneys.co.za